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2017-140-3245 - Accepting Grant from FDEP for Vista Verde StormwaterRESOLUTION NO. 2017-140-3245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE TWO HUNDRED FIFTY THOUSAND DOLLAR ($250,000.00) AWARD FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE VISTA VERDE STORMWATER PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS RELATED TO THE ACCEPTANCE OF THIS AWARD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens has been awarded Two Hundred Fifty Thousand Dollars ($250,000.00) from the State of Florida Department of Environmental Protection through the 2017-2018 General Appropriations Act for the Vista Verde Stormwater Project-Phase #3, and WHEREAS, the City applied for monies to install a French drain system to the Vista Verde Storm Water Project, and WHEREAS, the local drainage improvements will reduce flood damage and improve water quality of stormwater runoff in several areas within the City, and WHEREAS, Staff recommends that the City Council accept the Two Hundred Fifty Thousand Dollar ($250,000.00) award from the State of Florida Department of Environmental Protection, and allow the City Manager to execute any and all documents related to the acceptance of this award, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: ACCEPTANCE OF GRANT/AUTHORIZATION; The City Council of the City of Miami Gardens hereby accepts the Two Hundred Fifty Thousand Dollar ($250,000.00) award from the State of Florida Department of Environmental Protection for the Vista Verde Stormwater Project. The City Council further authorizes the City Manager to execute any and all documents related to the acceptance of this award. Section 3; EFFECTIVE DATE; This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON SEPTEMBER 12, 2017. OLIVER GILBERT, III, MAYOR ATTEST: RONETTA TAYLOF^MC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: 6 Seconded by: VOTE: L Mayor Oliver Gilbert, III __!^(Yes) (No) Vice Mayor Erhabor Ighodaro, Ph.D. iX (Yes) (No) Councilwoman Lisa C. Davis (Yes) (No) Councilman Rodney Harris '^(Yesi (No) Councilwoman Lillie Q. Odom ly (Yes) (No) Councilwoman Felicia Robinson (Yes) (No) ^ Councilman David Williams Jr (Yes) (No) w crh Resolution No. 2017-140-3245 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 12, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: FL DEP, Miami Gardens CITT Fund, Miami Gardens Stormwater Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Cameron Benson City Manager Department: Public Works Engineering Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE TWO HUNDRED FIFTY THOUSAND DOLLAR ($250,000.00) AWARD FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE VISTA VERDE STORMWATER PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS RELATED TO THE ACCEPTANCE OF THIS AWARD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens has been awarded funding from the State of Florida Department of Environmental Protection. The purpose of this grant is to install a French drain system(s) to the Vista Verde Storm Water Project to include sediment traps in order to remove storm water from the street which will minimize flooding and hydro-planning of vehicles. Funds were provided in the 2017-2018 General Appropriations Act under Line Item 1606A. AGENDA ITEM K-7 VISTA VERDE 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 Current Situation The City of Miami Gardens submitted grant proposals to the State of Florida Appropriations Subcommittee. Grant funds were provided to the City in the 2017-2018 General Appropriations Act under Line Item 1606A for the Vista Verde Stormwater Project –Phase #3. The local drainage improvements will reduce flood damage and improve water quality of stormwater runoff in several areas within the City. These projects will consist of the construction of on-site French drain systems that retain stormwater runoff within the project area and filter the captured water. The projects will also reduce flooding. The results and benefits of this project include:  Filtering stormwater runoff before it enters the aquifer, thereby protecting our sole source of drinking water;  Preventing pollutants from entering surface waters of the City, thereby preserving the aesthetic, recreational and biological quality and value of those surface waters; and  Re-pave roads and repair any sidewalks in the Right of Way. Fiscal Impact The appropriation of the project in the FY 2018 budget is as follows: Vista Verde Stormwater Project: Miami Gardens CITT $675,927 Miami Gardens Stormwater $230,000 Florida DEP Grant $250,000 Proposed Action: The City Council allow the City Manager to accept award and submit required resolution; authorizing the City Manager to execute any and all agreements that are awarded to the City as a result of this grant process. Attachment: A. Department of Environmental Protection Grant Agreement: - Vista Verde Stormwater Project – Phase #3 DEP Agreement No. LP1320B, Amendment 2, Page 1 of 6 DEP AGREEMENT NO. LP1320B CITY OF MIAMI GARDENS AMENDMENT NO. 2 THIS AGREEMENT as entered into on the 8th day of December, 2016, and amended on the 12th day of April, 2017, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the “Department”) and the CITY OF MIAMI GARDENS (hereinafter referred to as the “Grantee”) is hereby amended. WHEREAS, funding in the amount of $250,000 was provided under Line Item 1600A of the 2016-2017 General Appropriations Act for the Miami Gardens Vista Verde Drainage Improvement Project (“Project”); and WHEREAS, $275,000 was provided under Line Item 1668A of the 2014-2015 General Appropriations Act under Agreement Number S0745 for the Miami Gardens Vista Verde Drainage Project – Phase II; and WHEREAS, the work under DEP Agreement No. S0745 was completed under budget and the remaining funds in the amount of $107,827.01 were reallocated to this agreement, LP1320B; and WHEREAS, $300,000 in additional funding for this Project was provided under Line Item 1606A of the 2017-2018 General Appropriations Act; and WHEREAS, certain provisions of the Agreement need revision and a provision needs to be added to the Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. The Agreement, as amended, is effective from July 1, 2016 to June 30, 2020. 2. Section 3. of the Agreement is hereby deleted in its entirety and replaced with the following: FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $657,827.01. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department’s Grant Manager shall be required for changes to this Agreement. i. A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment A, are less than ten percent (10%) of the total budget as last approved by the Department. All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount, a change in the Grantee’s match requirements, a change in the expiration date of the Agreement, and/or changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both parties as evidenced in writing. DEP Agreement No. LP1320B, Amendment 2, Page 2 of 6 C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference_guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Reimbursement shall be limited to the following budget categories: i. Contractual (Subcontractors) – Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Subcontracts, which involve equipment purchases as part of an installation/retrofit or that include infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial Officer (CFO) Memorandum No. 5 (2011-2012), must be capitalized in accordance with Chapter 69I-72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. For fixed-price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department’s Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the DEP Agreement No. LP1320B, Amendment 2, Page 3 of 6 Department Grant Manager’s approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services’ Reference Guide for State Expenditures at http://www.myfloridacfo.com/aadir/reference_guide/. F. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 3. Section 17. of the Agreement is hereby deleted in its entirety and replaced with the following: CONTACTS: The Department’s Grant Manager (which may also be referred to as the Department’s Project Manager) for this Agreement is identified below: George Frisby, or Successor Florida Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd., MS# 3505 Tallahassee, Florida 32399 Telephone No.: 850-245-2829 E-mail Address: George.frisby@dep.state.fl.us DEP Agreement No. LP1320B, Amendment 2, Page 4 of 6 The Grantee’s Grant Manager at the time of execution for this Agreement is identified below: Leslie Petitt, or Successor City of Miami Gardens City Engineer 48605 Northwest 27 Avenue Miami Gardens, Florida 33056 Telephone No.: 305-622-8000 Ext. 2570 E-mail Address: lpetitt@miamigardens-fl.gov 4. Section 32. is added to the Agreement as follows: PROHIBITED GOVERNMENTAL ACTIONS FOR PUBLIC WORKS PROJECTS Pursuant to Section 255.0992, F.S., state and political subdivisions that contract for public works projects are prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers and prohibited from restricting qualified bidders from submitting bids. A. “Political subdivision” means separate agency or unit of local government created or established by law or ordinance and the officers thereof. The term includes, but is not limited to, a county; a city, town, or other municipality; or a department, commission, authority, school district, taxing district, water management district, board, public corporation, institution of higher education, or other public agency or body thereof authorized to expend public funds for construction, maintenance, repair or improvement of public works. B. “Public works project” means an activity of which fifty percent (50%) or more of the cost will be paid from state-appropriated funds that were appropriated at the time of the competitive solicitation and which consists of construction, maintenance, repair, renovation, remodeling or improvement of a building, road, street, sewer, storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution system, gas or electrical substation, or other facility, project, or portion thereof that is owned in whole or in part by any political subdivision. C. Except as required by federal or state law, the state or political subdivision that contracts for a public works project may not require that a contractor, subcontractor or material supplier or carrier engaged in such project: i. Pay employees a predetermined amount of wages or prescribe any wage rate; ii. Provide employees a specified type, amount, or rate of employee benefits; iii. Control, limit, or expand staffing; or iv. Recruit, train, or hire employees from designated, restricted, or single source. D. For any competitive solicitation that meets the criteria of this section, the state or political subdivision that contracts for a public works project may not prohibit any contractor, subcontractor, or material supplier or carrier able to perform such work who is qualified, licensed, or certified as required by state law to perform such work from submitting a bid on the public works project, except for those vendors listed under Section 287.133 and Section 287.134, F.S. E. Contracts executed under Chapter 337, F.S. are exempt from these prohibitions. 5. Attachment A-1, Revised Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A-2, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to prior Attachment A’s, shall hereinafter refer to Attachment A-2, Revised Project Work Plan. DEP Agreement No. LP1320B, Amendment 2, Page 5 of 6 6. Attachment B, Disbursement Request Package, is hereby deleted in its entirety and replaced with Attachment B-1, Payment Request Summary Form, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B, shall hereinafter refer to Attachment B-1, Payment Request Summary Form. 7. Attachment E-1, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment E-2, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to prior Attachment E’s, shall hereinafter refer to Attachment E-2, Revised Special Audit Requirements. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP1320B, Amendment 2, Page 6 of 6 IN WITNESS WHEREOF, the parties have caused this amendment to Agreement LP1320B to be duly executed, the day and year last written below. CITY OF MIAMI GARDENS STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:________________________________ By:____________________________________ City Manager Secretary or designee Print Name and Title of Authorized Person Print Name and Title of Authorized Person Date: _______________________________ Date: _________________________________ _______________________________________ George Frisby, DEP Grant Manager ____________________________________ Sandy Waters, DEP QC Reviewer FEID No.:11-3695944 List of attachments/exhibits included as part of this Amendment: Specify Type Letter/ Number Description (include number of pages) Attachment A-2 Revised Project Work Plan (1 Page) Attachment B-1 Payment Request Summary Form (2 Pages) Attachment E-2 Revised Special Audit Requirements (5 pages) DEP Agreement No. LP1320B, Attachment A-2, Page 1 of 1 ATTACHMENT A-2 REVISED GRANT WORK PLAN PROJECT TITLE: Miami Gardens Vista Verde Drainage Improvement Project PROJECT LOCATION: The Project will be located in the Vista Verde neighborhood, which is located within the City of Miami Gardens in Miami-Dade County, Florida. Project coordinates are latitude: 25°58'13.17"N and longitude: 80°15’55.73 "W. PROJECT BACKGROUND: In February 2007, the City of Miami Gardens (Grantee) completed a comprehensive Stormwater Master Plan (SWMP) in order to identify and prioritize flooding within the City. Drainage improvements in the Vista Verde neighborhood area were identified as one of the top three priorities for drainage projects in the City. The area floods during heavy rains due to the drainage system not having capacity. These drainage improvements will greatly improve the safety and quality of life of the residents. PROJECT DESCRIPTION: The Grantee will construct an exfiltration system to include sediment traps, pollution baffles, permeable piping, filter cloth and ballast rocks that will be designed for the 5-year South Florida Water Management District (SFWMD) storm event and the minimum required by the County’s Department of Regulatory and Economic Resources (formerly DERM). It will consist of restoration of any roads, sidewalks, and swales impacted during construction. This project will enhance the quality of groundwater runoff by reducing contaminates that seep into the ground and will result in reduced volumes and enhanced quality of discharges to surface waters (C-9 Snake Creek Canal to Biscayne Bay). The Grantee does not anticipate that the funding under this agreement will result in a fully completed project, so this agreement will cover a portion of the work. TASKS and DELIVERABLES: Task 1: Construction of Project Task Description: The Grantee will construct the Vista Verde Drainage Improvement Project in accordance with the construction contract documents. Deliverables: Construction completed to date as described in this task, as evidenced by these deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the construction task, or of the portion of work completed when the funding supplied by this grant has been fully expended; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); 3) Contractor’s Application and Certification for Payment, 4) signed acceptance of the completed work by the Grantee; and 5) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed (as applicable) in accordance with the construction contract documents, or indicating that construction completed by the end of the funding has been completed in accordance with the construction contract documents. Performance Standard: The Department’s Grant Manager will review each submitted deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee’s construction contract documents. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The outlined deliverables, as applicable, must have been submitted and accepted in writing by the Department’s Grant Manager prior to payment request submittal. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed, and all deliverables received by the corresponding task end date. Task No. Task Title Budget Category Budget Amount Task Start Date Task End Date 1 Construction of Project Contractual $657,827.01 7/1/2016 12/31/2019 DEP Agreement No. ______________________ Agreement Effective Dates: ___________________________________________ Grantee's Grant Manager Performance Period (Start date – End date ): ____________________________________ Date of Request:_____________________ Task/Deliverable No(s). _________________________ Task/Deliverable Amount Requested: $_____________________________ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Complete Grantee’s Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. GRANT EXPENDITURES SUMMARY SECTION AMOUNT OF THIS REQUEST PREVIOUS PAYMENT REQUESTS MATCHING FUNDS FOR THIS REQUEST TOTAL CUMULATIVE MATCHING FUNDS TOTAL CUMULATIVE PAYMENT REQUESTS CATEGORY OF EXPENDITURE (As authorized) Task 4: Task 6: Task 8: Task 9: Task 1: Task 2: ATTACHMENT B-1 PAYMENT REQUEST SUMMARY FORM Grantee: (Name & Mailing Address) Task 3: GRANTEE CERTIFICATION Task 5: Task 7: TOTAL BUDGET (ALL TASKS) LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF: TOTAL REMAINING (ALL TASKS) TOTAL AMOUNT Attachment B-1, DEP Agreement No. LP1320B, Page 1 of 5 (Print name of Grantee’s Grant Manager designated in the Agreement) DEP Agreement No. ______________________ and Payment Request No. _________________________ that:  The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. Check all that apply:  All permits and approvals required for the construction, which is underway, have been obtained.  Construction up to the point of this disbursement is in compliance with the construction plans and permits. Professional Service Provider (Name / License No.)Period of Service (mm/dd/yy – mm/dd/yy) Grantee's Grant Manager’s Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number I, ___________________________________________________________________, on behalf of  The Grantee’s Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request, and such certifications are included: Grantee’s Certification of Payment Request  All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement.  The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in _____________________________________________________________________, do hereby certify for (Print name of Grantee) Attachment B-1, DEP Agreement No. LP1320B, Page 2 of 5 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement.AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.GRANTEE: Enter the name of the grantee’s agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. GRANTEE’S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement).TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the “TOTAL TASK/DELIVERABLE BUDGET AMOUNT” line for the “AMOUNT OF THIS REQUEST” column. GRANT EXPENDITURES SUMMARY SECTION: “AMOUNT OF THIS REQUEST”COLUMN:Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task.This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement.Do not claim expenses in a budget category that does not have an approved budget.Do not claim items that are not specifically identified in the current Grant Work Plan.Enter the column total on the “TOTAL AMOUNT ”line.Enter the amount of all Tasks on the “TOTAL BUDGET (ALL TASKS)”line.Enter the total cumulative amount of this request and all previous payments on the “LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF ” line. Deduct the “LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF” from the “TOTAL BUDGET (ALL "PREVIOUS PAYMENT REQUESTS"COLUMN:Enter the total cumulative amount that has been paid in previous requests.Do not include the current reqeusted amount in this total. Do not enter anything in the shaded areas. “TOTAL CUMULATIVE PAYMENT REQUESTS”COLUMN:Enter the cumulative amounts that have been requested to date for reimbursement by budget category.The final request should show the total of all requests;first through the final request (this amount cannot exceed the approved budget amount for that budget category for the Task(s)you are reporting on).Enter the column total on the “TOTAL PAYMENT REQUEST ” line. Do not enter anything in the shaded areas. “MATCHING FUNDS”COLUMN:Enter the amount to be claimed as match for the performance period for the Task(s)you are reporting on.This needs to be shown under specific budget categories according to the currently approved Grant Work Plan.Enter the total on the “TOTAL AMOUNT ”line for this column.Enter the match budget amount on the “TOTAL BUDGET (ALL TASKS)”line for this column. Enter the total cumulative amount of this and any previous match claimed on the “LESS TOTAL CUMULATIVE PAYMENTS OF ”line for this column. Deduct the “LESS TOTAL CUMULATIVE PAYMENTS OF ” from the “TOTAL BUDGET (ALL TASKS)” for the amount to enter on “TOTAL CUMULATIVE MATCHING FUNDS”COLUMN:Enter the cumulative amounts you have claimed to date for match by budget category.Put the total of all on the line titled “TOTAL PAYMENT REQUEST .”The final request should show the total of all claims,first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE’S CERTIFICATION:Check all boxes that apply.Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment.Must be signed by both the Grantee’s Grant Manager as identified in the grant agreement and the Grantee’s Fiscal Agent. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Attachment B-1, DEP Agreement No. LP1320B, Page 3 of 5 Grantee Name: DEP Agreement No.: Vendor Name Invoice Number Invoice Date Invoice Amount (1) Local Share or Other Funding or Amount Not Requested (2) Requested Amount (3)Check Number Task/Deliverable Number (4) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Totals:-$ -$ Payment Request No.: REQUEST FOR PAYMENT – PART II FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REIMBURSEMENT DETAIL Attachment B-1, DEP Agreement No. LP1320B, Page 4 of 5 1 2 3 4 Instructions for E-mailing: Remit Payment Request by E-mail to: SRF_Reporting@dep.state.fl.us Be sure the E-mail payment request includes the following: Cc: Department's Grant/Project Manager Subject: Project Number_Disbursement Number: example – LP14025_Disb_1 Attachments: 1) Exhibit D Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Other supporting documentation, as needed George Frisby 850-245-2829 George.frisby@dep.state.fl.us For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: The program now accepts reimbursement requests electronically, please E-mail to SRF. When scanning please be sure that the minimum scan resolution must be 300 DPI (dots per inch). When reimbursement requests are sent electronically, please do not also send a hard copy by postal mail. Submittal Instructions Instructions for Completing Request for Payment - Part II Include the Grantee Name, Payment Request No., and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee. Deliverable Number: Must identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not applicable to that Task/Deliverable identified under (2). Invoice Amount: Amount of Invoice being submitted for reimbursement. Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested (2) from Invoice Amount (1). Attachment B-1, DEP Agreement No. LP1320B, Page 5 of 5 DEP 55-215 (06/14) DEP Agreement No. LP1320B Attachment E-2, Page 1 of 5 ATTACHMENT E-2 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. DEP 55-215 (06/14) DEP Agreement No. LP1320B Attachment E-2, Page 2 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (06/14) DEP Agreement No. LP1320B Attachment E-2, Page 3 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us DEP 55-215 (06/14) DEP Agreement No. LP1320B Attachment E-2, Page 4 of 5 B. The Auditor General’s Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (06/14) DEP Agreement No. LP1320B Attachment E-2, Page 5 of 5 EXHIBIT – 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Appropriations Line Item 1600A 2016-2017 37.039 Statewide Surface Water Restoration and Wastewater Projects $250,000.00 140047 Amendment 1 General Appropriations Line Item 1668A 2014-2015 37.039 Statewide Surface Water Restoration and Wastewater Projects $107,827.01 140047 Amendment 2 General Appropriations Line Item 1606A 2017-2017 37.039 Statewide Surface Water Restoration and Wastewater Projects $300,000.00 140047 Total Award $657,827.01 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.